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Defamation—also called calumny, vilification, or traducement—is the communication of a false statement that harms the reputation of an individual, business, product, group,government, religion, or nation. Most jurisdictions allow legal action to deter various kinds of defamation and retaliate against groundless criticism.

Under common law, to constitute defamation, a claim must generally be false and have been made to someone other than the person defamed.[1] Some common law jurisdictions also distinguish between spoken defamation, called slander, and defamation in other media such as printed words or images, called libel.

Similar to defamation is public disclosure of private facts, which arises where one person reveals information that is not of public concern, and the release of which would offend a reasonable person. “Unlike libel, truth is not a defense for invasion of privacy.”. False light laws protect against statements which are not technically false but misleading.

Slander

The common law origins of defamation lie in the torts of “slander” (harmful statement in a transitory form, especially speech), each of which gives a common law right of action.

“Defamation” is the general term used internationally, and is used in this article where it is not necessary to distinguish between “slander” and “libel”. Libel and slander both require publication. The fundamental distinction between libel and slander lies solely in the form in which the defamatory matter is published. If the offending material is published in some fleeting form, as by spoken words or sounds, sign language, gestures and the like, then this is slander.

Libel

Libel is defined as defamation by written or printed words, pictures, or in any form other than by spoken words or gestures. The law of libel originated in the 17th century in England. With the growth of publication came the growth of libel and development of the tort of libel.

Cases involving libel

An early example of libel would be the case of John Peter Zenger in 1735. Zenger was hired to publish New York Weekly Journal. When he printed another man’s article that criticized William Cosby, who was then British Royal Governor of Colonial New York, Zenger was accused of Seditious Libel. The verdict was returned as Not Guilty on the charge of seditious libel, having proved that all the statements Zenger had published about Cosby had been true, so there was not an issue of defamation. Another example of libel would be the case of New York Times Co. v. Sullivan (1964). The U.S. Supreme Court overruled a State court in Alabama that had found The New York Times guilty of libel for printing an advertisement that criticized Alabama officials for mistreating student civil rights activists. Even though some of what The Times printed was false, the Court ruled in its favor, saying that libel of a public official requires proof of Actual Malice, which was defined as a “knowing or reckless disregard for the truth”.

How to prove libel

There are several ways a person must go about proving that libel has taken place. For example, in the United States, the person must prove that the statement was false, caused harm, and was made without adequate research into the truthfulness of the statement. These steps are for an ordinary citizen. For a celebrity or a public official, the person must prove the first three steps and that the statement was made with the intent to do harm or with reckless disregard for the truth, which is usually specifically referred to as “proving malice”.